HM Treasury News Release
126/98 30 July 1998
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PLANS TO MODERNISE FINANCIAL REGULATION
Financial Services and Markets Bill Published
Proposals to modernise and simplify the structure of the UK's
financial regulatory structure were published today by the Chief
Secretary, Stephen Byers.
Under the draft Financial Services and Markets Bill the Financial
Services Authority (FSA) will become the single regulator for the
UK's financial services industry, backed by law.
Publishing the Bill, Mr Byers said:
"This bill will allow the creation of a financial regulatory
system that is independent, flexible and accountable to those
regulated by it and to the consumers that it protects.
"A single regulator will remove the scope for duplication, gaps
and inconsistency that affects the current system.
"In the light of the personal pension mis-selling scandal we
also want to see an improvement in standards so that customers
are better protected and better informed about the products
they buy.
"Financial services is an important and internationally
competitive sector of the economy. These reforms are the
opportunity to apply best practice across the board and to
shape a financial regulator that will maintain confidence in
UK markets at home and abroad, setting an example for
financial regulation around the world.
"We have consulted widely in putting this draft bill together
and we are now delivering on our commitment to publish it in
the summer. There will now be a further period of public
consultation on the detail of the draft Bill. I also
anticipate - and welcome - the involvement of the Treasury
Select Committee in the consultation process. This
consultation is an important part of the process to ensure that
the new system is efficient and effective. We want to lay the
foundations of a regulatory system that will last well into
the 21st century."
The main features of the Bill include:
new statutory objectives for the FSA to improve transparency and
accountability. The FSA will be required to report annually on
its achievements against the objectives of market confidence,
public awareness, the protection of consumers and the reduction
of financial crime.
a single set of powers for the FSA. This will allow the
regulator to authorise all those kinds of financial services
business requiring regulation. It will have flexible powers to
make rules governing regulated activities, subject to
consultation and cost-benefit analysis. It will have full
powers, where necessary, to investigate and intervene in
authorised firms' activities and to discipline, including the
power to fine.
powers for the Treasury to change the scope of what is
regulated. For example, the Council of Mortgage Lenders' code of
practice is to be reviewed in 1999. If required, it would be
possible to make mortgages subject to regulation under the Bill.
a new independent appeals tribunal. This will come under the
Lord Chancellor's Department and will give and effective right
of appeal for those affected by the FSA's decision.
single ombudsman and compensation schemes to ensure improved
access for consumers by providing single points of entry and
improved public profile. This will reduce the scope for
confusion about the roles and responsibilities of different
schemes.
a new regime to regulate financial promotion. The draft Bill
includes a single framework to cover existing activities such as
issuing advertisements and making unsolicited 'cold calls',
taking account of changes in technology.
new civil fines for market abuse which will fill a gap in the
current framework and will complement, not replace, the criminal
regime.
the recognition of investment exchanges and clearing houses. The
FSA will continue to be able to recognise the status of such
bodies.
statutory oversight of Lloyd's. New FSA powers will provide, for
the first time in many areas, a major element of external
regulatory accountability.
NOTES TO EDITORS
1. The public consultation period ends on 30 October 1998.
2. Media copies of the bill and consultation document are available
from the Treasury Press Office on 0171 270 5185.
3. Copies are available, free of charge, by telephoning 0191 215
0110.
4. Comments on the Bill should be sent to Regulatory Reform Team,
Room 55A/G, HM Treasury, Parliament Street, London, SW1P 3AG or
via the Internet to fsm.bill@hm-treasury.gov.uk
5. If you have access to the Internet, you can find this news
release and other Treasury material at
http://www.hm-treasury.gov.uk
# = pounds sterling